The ambit of EC regulation 261/2004: missed flight connections outside the EU

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DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 in respect of missed flight connections outside of the EU. The first of these cases has now been decided at county court level, resulting in a successful win for the carrier.

This article explores the glimmer of hope the judgment brings to the industry in a step towards clarifying a complex question of the scope of the regulation, which has become shrouded in mystery following recent cases decided by the Court of Justice of the European Union (CJEU).

Upon the face of the regulation, claims for delay under article 6 do not give rise to an obligation to pay compensation to passengers. The text of the regulation states that such compensation is triggered in the event of denied boarding and/or cancellation only…

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